14.5.1.1ISSUING
AGENCY:Construction Industries Division of the
Regulation and Licensing Department.

[14.5.1.1 NMAC - Rp, 14.5.1.1 NMAC, 11/15/2016]

14.5.1.2SCOPE:This rule applies to all the administration, interpretation, and
enforcement of contracting work performed in New Mexicosubject to the
jurisdiction of CILA and LP GAS Act.

[14.5.1.2 NMAC - Rp, 14.5.1.2 NMAC, 11/15/2016]

14.5.1.3STATUTORY
AUTHORITY:Section
60-13-9 NMSA 1978.

[14.5.1.3 NMAC - Rp, 14.5.1.3 NMAC, 11/15/2016]

14.5.1.4DURATION:Permanent.

[14.5.1.4 NMAC - Rp, 14.5.1.4 NMAC, 11/15/2016]

14.5.1.5EFFECTIVE
DATE:November 15, 2016, unless a later
date is cited at the end of a section.

[14.5.1.1 NMAC - Rp, 14.5.1.1 NMAC, 11/15/2016]

[From the date of publication of this rule in the
New Mexico register,
until July 1, 2017, permits may be issued under either the previously-adopted
rule, or this rule.After July 1, 2017,
permits may be issued only under this rule.]

14.5.1.6OBJECTIVE:The purpose of this rule is to set forth
general provisions governing contracting work in New Mexico.

[14.5.1.1
NMAC - Rp, 14.5.1.1 NMAC, 11/15/2016]

14.5.1.7DEFINITIONS:The definitions in this
section are used throughout the CID rules contained in Chapters 5 through 10 of
Title 14.

A.Trade bureau chief“TBC” means the administrative head of a state of New Mexico trade
bureau charged with the administration and enforcement of this that trade
bureau’s state adopted codes. The trade bureau chiefs are the ultimate
authority to determine interpretations of their trade code, this includes
applications of the New Mexico trade codes. The trade bureau chief shall
recommend to “CID and CIC” all minimum standards for code adoptions.

B.Certified
building official “CBO” means an employee of any county, municipality or
other political subdivision who has a broad knowledge of the construction
industry, holds a current nationally recognized code organization certified
building official certificate and has been either a practicing inspector or
practicing contractor for at least five years or held a management position in
a construction-related company or construction organization for at least five
of the past 10 years. This official is charged with the administration and
enforcement of the adopted administrative codes for an AHJ.

C.State
of New Mexico certified building official “NMCBO” means a person who meets
the qualifications for CBO, is employed by CID as a trade bureau chief, and
appointed by the director as the state’s NMCBO. The NMCBO has ultimate authority
over conflicts arising among AHJs other than trade bureau chiefs.

D.Inspector means a person certified by
the division and certified by one or more trade bureaus to conduct inspections
of permitted work in a jurisdiction that has an inspection and permitting
agency with a state approved CBO to ensure that all work performed by a contractor
or the homeowner complies with the applicable codes.

E.Authority having jurisdiction “AHJ” means
the entity with permitting and enforcement authority over a project within its
jurisdiction.

F.CID and division mean the construction industries division of the
regulation and licensing department.

G.CID rules means the rules compiled in
Title 14, Chapters 5 through 10 of the New Mexico Administrative Code.

A. Every person who performs work in connection with the
installation or repair of any building or structure, or on any electrical, gas,
mechanical or plumbing system, or other constructions as defined by Section 60-13-3
NMSA 1978 andregulated by the Division’s
statutes and rules is responsible for complying with all statutes and rules

B.When a violation of the statutes or code is alleged,
the AHJ shall investigate the allegation to obtain sufficient evidence or proof
to determine whether a violation has occurred.The AHJ may require tests, at no cost to CID or AHJ, to determine
compliance.Such tests shall be
conducted in conformance with nationally recognized testing standards, or if no
standards have been established, in conformance with such specifications as the
AHJ shall approve.

[14.5.1.8 NMAC - Rp, 14.5.1.8
NMAC, 11/15/2016]

14.5.1.9CONFLICTS:

A.Between current New Mexico construction codes.When the provisions of one
New Mexico construction code specifies different materials, methods,
construction, or other requirements than the provisions of other New Mexico
construction codes, the general rule of interpretation to be applied is that
the most restrictive provision shall apply, and the most specific provision
shall govern more general provisions. If it is determined by the TBC or AHJ responsible
for enforcing the codes that the conflict between the provisions should be
resolved by a different interpretation, the determinations shall control.

B.With prior New Mexico construction codes.The code adopted at the time
a structure is built governs. If modifications are made under a subsequent code,
that code governs the areas modified. If all or any part of the structure is
determined to be unsafe, 14.5.1.12 NMAC will govern.

C.Between current New
Mexico construction codes and codes adopted by other state agencies.The occupancy classification
of a building shall be established by the general building trade bureau chief
or CBO.

D.With
requirements of other agencies.Any licensee,
qualifying party or journeyman must follow all regulatory agency laws when said
agency has jurisdiction over certain aspects of a project. These may include,
but are not limited to, compliance with fire code standards enforced by the
state fire marshal, any local fire code enforcement agency; or any other
applicable code or standard enforced by the state environment department; the
state health department, state human services department; the public regulation
commission; the governor’s committee on the concerns of the handicapped; and
local zoning and historical authorities.

E.With
referenced and incorporated codes and standards.The provisions of any published code or
standard referenced in the CID rules shall be deemed to be incorporated into
and made part of the CID rules, to the extent that such reference requires, and
with all such modifications and amendments as may be made to the provision. If
the reference results in a conflict between the provision of the published code
or standard and the CID rules, the CID rules shall govern.

[14.5.1.9 NMAC - Rp, 14.5.1.9 NMAC, 11/15/2016]

14.5.1.10CERTIFIED
BUILDING OFFICIAL FOR AN AHJ:Power and
Duties: The CBO is responsible for enforcing the state and local codes in an
AHJ. The
interpretations and procedures established by a CBO must be pursuant to CID
statutes and rules:

[14.5.1.10 NMAC - Rp,
14.5.1.10 NMAC, 11/15/2016]

14.5.1.11TRADE
BUREAU CHIEFS:

A.Powers and duties:Each trade bureau chief is authorized to render interpretations of the
New Mexico construction code and to establish procedures for the interpretation
and application of that code.

B.Alternative materials and methods of
construction: A trade
bureau chief is authorized to permit a variance or approve an alternative
material or method of construction as provided in this section.

C.Variances.If the circumstances of a particular construction project make strict compliance
with code impossible or impracticable, the trade bureau chief responsible for
enforcing that code has the authority to approve a variance. No variance shall
be valid or have force or effect unless in writing and signed by the trade
bureau chief. A trade bureau chief may require supporting data be supplied by
the requestor.

D.Alternatives.The trade bureau chief is responsible, for approving materials, designs
and methods of construction that are not expressly specified in that the code.

A.When conducting
an inspection, if an inspector discovers an unsafe condition or a life safety
hazard the inspector shall take the following action:

(1)if the unsafe condition
or hazard results from construction in progress, issue a correction notice and
stop work order, or correction notice, or stop work order as is necessary to
abate the unsafe condition or; hazard;

(2)if the unsafe condition
or hazard is in an existing building not related to construction in progress,
prepare a report detailing the observed unsafe condition or hazard; the report
shall be provided to the local AHJ;

(3)if the unsafe conditionor hazard relates to any utility service the
inspector shall proceed in accordance with Subsections A through D of Section
60-13-42 NMSA 1978; any service disconnected pursuant to this rule shall not be
reconnected without the prior written approval of trade bureau chief or CBO.

B.If
requested by an AHJ having condemning authority, the trade bureau chief will
inspect or designate an inspector to inspect the property and report findings.

[14.5.1.12 NMAC - Rp,
14.5.1.12 NMAC, 11/15/2016]

14.5.1.13TECHNICAL
ADVISORY COUNCILS, HEARINGS, APPEALS:

A.Technical advisory council.

(1)Each
trade bureau chief may create a
technical advisory council and appoint members to assist that the bureau in an
advisory capacity on technical aspects of the particular industry.

(2)These
councils will meet at the call of the trade bureau chief.

B.Appeals.

(1)A person aggrieved by the
director’s decision in regard to identical or similar names may appeal to the
commission (60-13-13.2 NMSA 1978).

(3)Appeals from the decision of the
commission shall be made in writing to the district court of the county of the
residence of the aggrieved party within 30 days after the decision of the
commission has been delivered to the complainant, as provided in Section
61-1-17 NMSA 1978.

[14.5.1.13 NMAC - Rp,
14.5.1.13 NMAC, 11/15/2016]

History
of 14.5.1 NMAC:

Pre-NMAC
History:Material in this part was derived from that
previously filed with the commission of public records - state records center
and archives as:

that
portion of 14.10.4 NMAC, State of New Mexico Electrical Code (filed 07-01-2002)
has been replaced by 14.5.1 NMAC, Construction Industries General Provisions -
General Provisions, effective 7-1-2004.